USPTO Patents Application 10764010

Practitioner's Docket No. 3104/109

PATENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re application of: Alexander et al.

Application No.: 10/764,010 Group No.: 3737

Filed: January 22, 2004 Examiner: Cwern, Jonathan

For: Assessing the Condition of a Joint and Devising Treatment

Mail Stop Amendment
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

TRANSMITTAL OF SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT
BEFORE MAILING DATE OF EITHER A FINAL ACTION
OR NOTICE OF ALLOWANCE (37 C.F.R. § 1.97(c))

TIME OF TRANSMITTAL OF ACCOMPANYING
SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT

1. The information disclosure statement transmitted herewith is being filed after three months of the
filing date of this national application or the date of entry of the national stage as set forth in
Section 1.491 in an international application or after the mailing date of the first Office action on
the merits, whichever event occurred last but before the mailing date of either

(1) a final action under § 1.1 13 or

(2) a notice of allowance under § 1.31 1

whichever occurs first.

FEE

2. Accompanying this transmittal is the fee for submission of an information disclosure statement
under section 1.97(c). ($180.00)

FEE PAYMENT

3. Applicant elects the option to pay the fee set forth in 37 C.F.R. § 1 . 17(p) for submission of an
information disclosure statement under § 1.97(c) ($180.00).

Fee due $180.00

Transmittal of Information Disclosure Statement before Mailing 1 )ate of Tithej a Final Action Oi Notice of Allowance-page 1 of 2

METHOD OF PAYMENT OF FEE

Authorization is hereby made to charge the amount of $1 80.00 to Deposit Account No. 19-4972.

Charge any additional fees required by this paper or credit any overpayment to Deposit Account
No. 19-4972.

DATE: June 8, 2010 /Alexander J. Smolenski. Jr., #47.953/

Alexander J. Smolenski, Jr., Esq.
Registration No. 47,953

SUNSTEIN KANN MURPHY & TIMBERS LLP

Customer Number 02101

125 Summer Street

Boston, MA 02110-1618

US

03104/00109 1274319.1

Transmittal of Information Disclosure Statement before Mailing 1 )ate of F.ilhej a Final Action Oi Notice of Allowance—page 2 of 2

Practitioner's Docket No. 3104/109 PA TENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re application of: Alexander et al.

Application No.: 10/764,010 Group No.: 3737

Filed: January 22, 2004 Examiner: Cwern, Jonathan

For: Assessing the Condition of a Joint and Devising Treatment

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-1450

SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT

"An information disclosure statement shall be considered by the Office if filed by the applict
ill Within three months of the filing date of it national application:

(2) Within three months oj the dale oj entry oj the national stage as set forth in section I.
application: or

(3) Before the mailing date of a first Office action on the merits, whichever event occurs t
1.97(b).

"Each individual associated with the fling and prosecution of a patent application has a duty c
faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that

individual to t
"Individuals a

-.'rial to patentability a
tied with the filing or

his section. "37 C.F.R. section 1.56(a).

of a patent application within the meaning of this s

(1) each it

(2) each a

r named in the application;
h attorney or agent who prepares or pr
y other person who is substantively involved in the preparalU

is associated with the it
application." 37 C.F.R. s

?r, with the assignee o
n 1.56(c).

of the applicat

NOTE: The "duty as described in section 1.56 will be met so
submitted to the Office in the manner prescribed by
Notice of January 9, 1992, 1135 O.G. 13-25 at 17.

the information in question t
1.97(b) - (d) and 1.98 befon

s cited by the Office or
of the patent. "

WARNING: "No information disclosure statement may be filed in a provisional application. "37 C.F.R. s

(Information Disclosure Statement-page 1 of 40)

List of Sections Forming Part of This Information Disclosure Statement

The following sections are being submitted for this Information Disclosure Statement:

(check sections forming a part of this statement: discard unused sections and number pages
consecutively)

1. [x] Preliminary Statements

2. [x]Forms PTO/SB/08A and 08B (substitute for Form PTO-1449)

3. [ ] Statement as to Information Not Found in Patents or Publications

4. [ ] Identification of Prior Application in Which Listed Information Was Already Cited and for

Which No Copies Are Submitted or Need Be Submitted

5. [ ]Cumulative Patents or Publications

6. [x]Copies of Listed Information Items Accompanying This Statement

7. [ ]Concise Explanation of Non-English Language Listed Information Items

7A. [ ]EPO Search Report

7B. [ ] English Language Version of EPO Search Report

8. [x]Translation(s) of Non-English Language Documents

9. [ JConcise Explanation of English Language Listed Information Items (Optional)

10. [x] Identification of Person(s) Making This Information Disclosure Statement

(complete the following, if appropriate)
Sections , respectively, have been continued on ADDED PAGE(S).

NOTE :"Oncc the minimum requirements are met. the examiner has an obligation to consider the information." Notice of
April 20, 1992 (1138 O.G. 37-41, 37).

(Information Disclosure Statement-page 2 of 40)

Section 1. Preliminary statements

Applicants submit herewith patents, publications or other information, of which they are aware that
they believe may be material to the examination of this application, and in respect of which, there may be a
duty to disclose.

The filing of this information disclosure statement shall not be construed as a representation that a
search has been made (37 C.F.R. section 1.97(g)), an admission that the information cited is, or is
considered to be, material to patentability, or that no other material information exists.

The filing of this information disclosure statement shall not be construed as an admission against
interest in any manner. Notice of January 9, 1992, 1 135 O.G. 13-25, at 25.

(Information Disclosure Statement-page 3 of 40)